S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10198

                          I N  A S S E M B L Y

                              May 16, 2016
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Cities

AN  ACT  to amend chapter 696 of the laws of 1887, relating to providing
  hospitals, orphan asylums and other  charitable  institutions  in  the
  city  of  New  York  with water, in relation to credits for charges in
  which services were not supplied

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 3 of chapter 696 of the laws of 1887, relating to
providing hospitals, orphan asylums and other charitable institutions in
the city of New York with water, is amended by adding a new  subdivision
c to read as follows:
  C. 1. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRA-
RY,  BEFORE  ANY  WATER  CHARGES ARE IMPOSED ON ANY ENTITY ENUMERATED IN
SECTION ONE OF THIS ACT, THE CITY OF NEW YORK SHALL  MAKE  CERTAIN  THAT
THERE  ARE  NO CHARGES BEING LEVIED FOR SERVICES WHICH WERE NOT SUPPLIED
TO SUCH ENTITY.
  2. IN INSTANCES WHERE THE CITY OF NEW YORK HAS  EMPLOYED  AN  IMPROPER
METER  MULTIPLIER,  AND  WHERE  THE  CITY  OF NEW YORK HAS HAD ACTIVE OR
CONSTRUCTIVE KNOWLEDGE OF THE EXISTENCE OF  SUCH  INCORRECT  MULTIPLIER,
THE  CITY  OF NEW YORK SHALL GRANT THE ENTITY CREDIT FOR THE PERIOD WHEN
BILLING WAS BASED ON THE  IMPROPER  MULTIPLIER.  SUCH  CREDIT  SHALL  BE
AVAILABLE  IN  INSTANCES, INCLUDING, BUT NOT LIMITED TO, WHERE AN ENTITY
HAS INSTALLED A COOLING TOWER  METER,  IN  ACCORDANCE  WITH  CITY  REGU-
LATIONS, AND AN AVERAGE DAILY FLOW HAS BEEN DETERMINED FROM ACTUAL METER
READINGS.    IN SUCH CASES, THE AVERAGE DAILY FLOW SHALL BE MEASURED AND
RECORDED BY THE CITY OF NEW YORK AND THEN APPLIED, USING  TYPICAL  PROC-
ESSES  FOR  SUCH CALCULATIONS, TO THE PERIODS IN WHICH SERVICES WERE NOT
SUPPLIED TO ESTABLISH THE AMOUNT OF THE CREDIT TO  BE  GRANTED  FOR  THE
RELEVANT PERIOD, BEGINNING WITH THE DATE OF INSTALLATION OF THE METER.
  3.  IN  ANY INSTANCE WHERE THERE HAVE BEEN CHARGES LEVIED FOR SERVICES
NOT SUPPLIED, CREDITS ALLOWED UNDER THIS SUBDIVISION  SHALL  BE  APPLIED
RETROACTIVELY  UP  TO TEN YEARS FROM THE EFFECTIVE DATE OF THIS SUBDIVI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14696-02-6
              

A. 10198                            2

SION. ANY INTEREST CHARGES LEVIED AGAINST SUCH ENTITY FOR  SERVICES  NOT
SUPPLIED SHALL BE CREDITED TO SUCH ENTITY'S ACCOUNT.
  4.  THIS  SUBDIVISION SHALL APPLY RETROACTIVELY TO ALL RELEVANT CLAIMS
OF OVERCHARGES, FAILURE TO APPLY APPROPRIATE  CREDITS,  AND/OR  IMPROPER
ESTIMATION  OF  AN  ENTITY'S  USAGE, WITHOUT LIMITATION, FOR ALL PERIODS
PRE-DATING THE EFFECTIVE DATE OF THIS  SUBDIVISION.  ANY  CLAIMS  BY  AN
ENTITY  PREVIOUSLY  DETERMINED  BY  COURT  ORDER  TO  BE  TIME-BARRED OR
RESOLVED THROUGH SETTLEMENT ARE HEREBY REVIVED, AND ACTION  THEREON  MAY
BE  COMMENCED  TO AVAIL SUCH ENTITY OF THE RIGHTS AND REMEDIES SET FORTH
IN THIS SUBDIVISION.
  S 2. This act shall take effect immediately.